Canadian Constitution Foundation

The CCF was established in 2002 and has appeared at all levels of courts, including the Supreme Court of Canada, in cases related to the proper interpretation of rights and freedoms including the right to freedom of expression. [...] However, we are concerned that the Bylaw unconstitutionally limits the rights to freedom of expression and peaceful assembly guaranteed by sections 2(b) and 2(c) of the Charter of Rights and Freedoms, and that these limits cannot be justified under section 1.1 Subsection h.1 to Schedule “B” of the Bylaw creates a prohibition on “communicating, causing or permitting communication, with any person i. [...] Under the amendment’s definition, a speaker can be speaking in good faith and still be found to be guilty of harassment.” Malott noted the Bylaw puts officers in the awkward position of having “to sort out complex questions of the blurred line between dissenting opinion and matters of objectionable and unwelcome comment.” The apparent goal of Waterloo Region council is to prevent public conduct th. [...] For example, Parliament has outlawed hate speech under section 319 of the Criminal Code where the speech rises to the extreme level where limits become demonstrably justified in a free and democratic society, and where the consent of the Attorney General of Ontario is given to prosecute.17 Police forces including the Waterloo Regional Police have specialized hate crime units dedicated to recognizi. [...] However, if council declines to bring the Bylaw into compliance with the Charter, we will be compelled to act, as we have on many previous occasions across Canada, to defend the rights of residents to freedom of expression and assembly by seeking a judicial review of the Bylaw.